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2017 Supreme(Raj) 977

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq, Kailash Chandra Sharma, JJ.
Bijendar Singh son of Chiddu Singh and others - Appellants
Versus
The State of Rajasthan through P.P. - Respondent
D.B. Criminal Appeal No. 748 of 2010
Decided On : 17-04-2017

Advocates:
Advocate Appeared:
For the Appellant : Mr. Vijay Choudhary
For the Respondent: Mr. R.S. Raghav, Public Prosecutor
For the Complainant : Mr. Mohit Balwada, Mr. Deepak Soni

Headnote:

Criminal Procedure Code,1973 - Section 313 - 120-B Indian Panel Code,1860 - Section 498-A – Appeal Against conviction - Appeal have been filed by accused appellants challenging judgment sentenced each of them to three years rigorous imprisonment with fine of in default whereof they were to further undergo three months imprisonment convicted them - Informant earlier also lodged complaint against accused on allegation of subjecting his daughter to cruelty - Superintendent of Police at that time got matter compromised between parties on assurance of that he would keep informants daughter happy - On that assurance informant sent his daughter with him - But thereafter again continued to harass deceased Informants daughter made a telephonic call on his cell phone that her husband father-in-law and mother-in-law were beating her and informant should come and take her with him - Held, Identified principles could provide a sound objective basis for sentencing thereby minimizing individualized and Judge-centric perspectives - Such principles bear a fair amount of affinity to the principles applied in foreign jurisdictions a resume of which is available in decision of this Court in State of difference is not in identity of the principles - It lies in the realm of application thereof to individual situations - While in India application of principles is left to Judge hearing case in certain foreign jurisdictions such principles are formulated authority of statute and are applied on principles of categorization of offences which approach however has been found by Constitution Bench in to be inappropriate to our system - Principles being clearly evolved and securely entrenched perhaps answer lies in consistency in approach - Appeal Allowed

JUDGMENT :

Mohammad Rafiq, J.

These two appeals have been filed by accused appellants Bijendar Singh, Smt. Rama Devi, Hari Singh and Sonu, challenging the judgment dated 21.08.2010 whereby the District and Sessions Judge, Dholpur (for short 'the trial court') (i) convicted the accused-appellants Bijendar Singh and Smt. Rama Devi, for offence under Section 498-A IPC and sentenced each of them to three years' rigorous imprisonment with fine of Rs. 1,000/-, in default whereof, they were to further undergo three months' imprisonment; (ii) convicted them under Section 304-B IPC and sentenced to them life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' imprisonment; (iii) convicted them under Section 120-B IPC and sentenced them to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' imprisonment and (iv) convicted them under Section 201 IPC and sentenced them to undergo three years' rigorous imprisonment with fine of Rs. 500/-, in default whereof to further undergo one month's imprisonment. Trial court by the said judgment has also (i) convicted accused-appellant Hari Singh under Section 498-A and sentenced him to three years' rigorous imprisonment with fine of Rs. 1,000/-, in default whereof, he was to further undergo three months' imprisonment; (ii) convicted under Section 304-B IPC and sentenced him to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof to further undergo six months' additional imprisonment; (iii) convicted under Section 120-B IPC and sentenced him to undergo life imprisonment and fine of Rs. 2,000/-, in default whereof, to further undergo six months' additional imprisonment. Trial court has convicted the accused appellant Sonu under Section 201 IPC and sentenced him to undergo three years' rigorous imprisonment with fine of Rs. 500/-, in default whereof, he was to further undergo one month's imprisonment. All the sentences were ordered to run concurrently.

2. Facts of the case are that a written report(Exhibit P-1) was submitted by Vijay Singh(P.W.1) to S.H.O., Police Station Kanchanpur, Tehsil Badi, District Dholpur alleging therein that his daughter Margshree was married to accused Hari Singh S/o. Bijendar Singh resident of Village Gadi Sukha Police Station Kanchanpur as per Hindu customs and rites. He spent a sum of Rs. 3,50,000/- on marriage. Accused Hari Singh was not happy with this marriage, especially after he was appointed with SAF, Madhya Pradesh and since then, he used to frequently beat his daughter. His complaint was that he spent a sum of Rs. 1,00,000/- in securing aforesaid appointment and he used to pressurise his daughter on demand of dowry of motor cycle and a sum of Rs. 50,000/-. The informant earlier also lodged complaint against accused Hari Singh on 13.06.2005 (Exhibit P-5) on allegation of subjecting his daughter to cruelty. Superintendent of Police, Dholpur at that time got the matter compromised between the parties on the assurance of Hari Singh that he would keep informant's daughter happy. On that assurance, the informant sent his daughter with him. But thereafter, Hari Singh again continued to harass the deceased. Informant's daughter made a telephonic call on his cell phone no. 9758722840 at 4.00 P.M. on 21.10.2008 that her husband Hari Singh, father-in-law Bijendar Singh and mother-in-law Smt. Rama Devi were beating her and the informant should come and take her with him. At that time, the informant could not immediately go to his daughter's house because he was not feeling well. On 23.10.2008, the informant along with his son Raghunath and nephew Gopal went to Village Ghadi Sukha at the house of her in-laws, where he found his daughter lying died. There were marks of injuries on her throat and apparently it was a case of putting his daughter to death by strangulation. Besides, there were other marks of injuries on the body of deceased. There were marks of injuries on her mouth

































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